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You’ve probably heard the advice many times that you should write a will and do estate planning if you have family members or friends you’d like to pass assets to after you die. But you may wonder: What happens if you die without a will? When someone dies without a will, a court decides what will happen with their property.
Thinking about your own demise is an unsettling topic, but knowing what is likely to occur if you don’t write a will might be helpful in encouraging you to finally write one—or make you feel better about not leaving one behind.
The legal term for dying without a valid will is intestate, and the term that refers to the legal process that unfolds after you die without a will is intestate succession. But the end result is that, if you die without a will, the state laws that govern intestate succession will decide who gets your estate—that is, everything you own. What your family and friends end up with will all be out of their hands. A probate court will make those decisions.
If you die without a legal will, who gets what depends on where you lived. Every state handles intestate succession differently. Generally, a surviving spouse will inherit at least some of your assets, but sometimes your children may be entitled to a portion of the estate. In some states, your spouse will get everything, and your children, nothing.
But relationships can be complicated. Some scenarios you will need to keep in mind include the following:
You’ll want to also keep in mind that dying without a will can get very complicated when you have a blended family, children from multiple marriages, you’ve been married two or more times or when members of your family are scattered far and wide. The court appoints someone—called an administrator—to search for your living relatives, which can take a long time. If no living heirs can be found, your property will be assumed by the state.
It’s very important to have a will if you want a say in how your estate is split up after you aren’t around. If you have few family and friends and are unsentimental or assume the courts will work everything out, you may feel less passionate about writing a will. So in a way, it’s a judgmental call.
Still, if you’re looking for motivation to finally write that will, some reasons include:
Because wills are legally binding documents, it’s best to at least have your will looked over by an estate planning attorney. Here’s the typical process for writing a will:
Again, it’s wise to work with a lawyer even just to look your will over at the end. Every state is different, and you wouldn’t want to go through the hard work of writing a will, only for your family or friends to learn it isn’t legally binding.
While having a will isn’t a legal requirement, it’s a good idea to ensure that your property gets distributed as you’d like for it to. When you do have your will finished, it’s a good idea to keep it in a safe place with the deeds to any real estate you own, information on your investment accounts and other important financial documents so they’re easily accessible in an emergency. The more planning and preparation you can do now, the less stress your family will deal with down the road.
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